WORTMAN v. JESSEN

No. 36850.

159 N.W.2d 564 (1968)

183 Neb. 274

Frances M. WORTMAN, Appellee, v. Hans H. JESSEN and Marian M. Jessen, Appellants.

Supreme Court of Nebraska.

June 14, 1968.


Attorney(s) appearing for the Case

Leamer & Galvin, South Sioux City, for appellants.

McCarthy & Kneifl, South Sioux City, for appellee.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.


SMITH, Justice.

In purchasing land defendants gave plaintiff seller, Frances M. Wortman, their promissory note in part payment of the price. The note, secured by a mortgage on the land, contained an express condition qualifying defendants' promise to pay. In this suit the district court foreclosed the mortgage, and defendants have appealed. The question relates to excuse for nonperformance of the condition.

The sum payable in the note, dated June 22, 1964...

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